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Richard Peile Et Al. v. Skelgas

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eBook details

  • Title: Richard Peile Et Al. v. Skelgas
  • Author : Supreme Court of Illinois
  • Release Date : January 22, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

JUSTICE McMORROW delivered the opinion of the court: This interlocutory appeal arises from the denial of defendants motion, based on forum non conveniens, to transfer plaintiffs'
personal injury lawsuit from St. Clair County to Pike County. The appellate court, sua sponte, certified an issue of importance:
Should the doctrine of intrastate forum non conveniens, adopted by this court in Torres v. Walsh (1983), 98 Ill. 2d 338, 74
Ill. Dec. 880, 456 N.E.2d 601, be abrogated? The appellate court determined that the doctrine of intrastate forum non conveniens
should be repudiated because it is contrary to the legislative intent of one of the venue provisions in the Code of Civil
Procedure (735 ILCS 5/2-108 (West 1992)). The appellate court also held, with respect to the merits of the forum non conveniens
motion under review, that the circuit court did not abuse its discretion in denying the motion to transfer the cause to Pike
County.


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